Tribes and local governments are key to closing the digital divide, California Public Utilities Commission members said at a livestreamed meeting Thursday. The CPUC voted 5-0 to adopt a plan to set up a $50 million grant program to provide California Advanced Services Fund technical assistance to local agencies and tribal governments (see 2201240019). Gov. Gavin Newsom (D) ordered the assistance program as part of California’s $6 billion broadband law last year. "The importance of local development and local ownership of broadband networks and closing the digital divide cannot be overstated,” said Commissioner Darcie Houck. "This decision will help support the crucial role of public actors to step in and bring this essential service to all Californians. Local networks will also bring much-needed competition to internet service markets." The decision recognizes the “vital role” of localities in expanding services, said CPUC President Alice Reynolds. "My hope is that this grant program will jump-start a new generation of public networks in this state, networks not guided by profit but by providing the highest quality service to their communities.” Wednesday, CPUC Administrative Law Judge Robert Haga denied USTelecom’s motion to become a party in the commission’s inmate calling services proceeding. “The motion does not fully disclose the person or entities making the motion,” and USTelecom failed to state “the factual or legal contentions it intends to make and show that the contentions will be reasonably pertinent to the issues already presented,” Haga wrote in docket R.20-10-002: “USTelecom may seek party status in the future through a motion that complies with our rules.” The association didn’t comment Thursday.
Adam Bender
Adam Bender, Senior Editor, is the state and local telecommunications reporter for Communications Daily, where he also has covered Congress and the Federal Communications Commission. He has won awards for his Warren Communications News reporting from the Society of Professional Journalists, Specialized Information Publishers Association and the Society for Advancing Business Editing and Writing. Bender studied print journalism at American University and is the author of dystopian science-fiction novels. You can follow Bender at WatchAdam.blog and @WatchAdam on Twitter.
The previous 911 director of Washington, D.C., could return despite controversy over a recent audit finding failures at the Office of Unified Communications during her 2015-2021 tenure (see 2110190048). Mayor Muriel Bowser (D) said Thursday she will appoint Karima Holmes for a second stint as OUC’s director. The D.C. Council would have to confirm Holmes, who in December 2020 left the office for a private sector job at ShotSpotter in California amid reports of 911 dispatchers sending responders to incorrect addresses and other problems (see 2012220047). Interim Director Cleo Subido will become executive liaison to OUC from the Fire Emergency Management Services agency, the mayor’s office said. D.C. advisory neighborhood commissioners tweeted outrage over the appointment. “A truly mind-blowingly awful decision in every way possible,” wrote ANC 4B01 Commissioner Evan Yeats. ANC 4B06 Commissioner Tiffani Johnson replied, “I am at a loss as to who, what, when, where and why this was even a rationale thought in anyone's mind!!!! This is not making me feel safe!” A spokesperson for D.C. Council Chairman Phil Mendelson (D) referred us to Public Safety Chair Charles Allen (D), “as he has direct oversight of OUC and whether or not the nomination has a hearing and is ultimately voted upon by the Council.” Allen didn’t comment by our deadline.
The Wisconsin Assembly voted 59-37 Wednesday to send a comprehensive privacy bill (AB-957) to the Senate. In Florida, the House Judiciary Committee voted 13-4 to send HB-9 to the House floor despite Democrats voting no due to business concerns. The panel supported an amendment by sponsor Rep. Fiona McFarland (R) that would take a tiered approach to the bill’s private right of action (PRA). An industry-backed Utah privacy bill also advanced Wednesday.
A Washington state bill to establish a blockchain study group cleared the House Community and Economic Development committee at a livestreamed Tuesday meeting. The committee voted 11-2 for SB-5544 with an amendment changing aspects of the proposed work group, including membership and stated purposes. Authors of the House and Senate versions of the bill proposed the changes, said Chair Cindy Ryu (D). Voting no, Rep. Vicki Kraft (R) said she’s worried about the state getting too far ahead of the rest of the country, with the proposed work group possibly leading to state laws that will be federally preempted. Rep. Rob Chase (R), the other no vote, said, “I don’t like voting for something I don’t really understand.” SB-5544 earlier passed the Senate but will need to return due to the House changes. Also, the committee heard testimony on SB-5715 to update the state broadband definition to 100 Mbps download and 20 Mbps upload, from 25/3 Mbps now. "Some of us would want it to be even faster than that," Ryu said: "Baby steps first." The committee is scheduled to vote Wednesday on SB-5715, which unanimously passed the Senate last week (see 2202160019).
LTD Broadband “will be seeking reconsideration” of the South Dakota Public Utilities Commission's denial of the company designation as an eligible telecom carrier, CEO Corey Hauer emailed us Tuesday. LTD suffered another blow to its Rural Digital Opportunity Fund (RDOF) ambitions when South Dakota commissioners voted 2-1 Friday to deny the ETC status it needed to get about $46.6 million in 10-year RDOF support in the state. LTD didn’t meet its burden to show approval is in the public interest, said Commissioner Kristie Feigen (R) at the recorded hearing. States must protect scarce USF resources through ETC authority, said Chairman Chris Nelson (R): LTD lacks experience and doesn’t seem to understand true buildout costs. “There is a very low likelihood that the applicant has the ability to provide services throughout the designated area within a reasonable timeframe.” Supporting the company’s application, Commissioner Gary Hanson (R) said he worries commission denial would be “judicial activism” courts could rebuke. “I don’t believe the PUC has ever denied an ETC status.” The commission’s job is to assess if LTD should qualify as an ETC for federal USF support, not for RDOF, even though the decision will determine if the company gets RDOF support, he said. “This does not translate into giving us the privilege to use the RDOF regulations to determine qualification for ETC status.” Also, Hanson asked, “Who will step up to provide these services if LTD does not get a shot?” If the company fails, infrastructure it builds can be sold to others at a discounted price, he said. The California PUC denied an LTD application needed to get about $187.5 million in RDOF in support in December (see 2112160064). The company sought rehearing last month (see 2201200015). LTD sued the Iowa Utilities Board earlier that month for denying ETC status needed to get about $23.2 million (see 2112070065). The Iowa District Court for Polk County earlier this month scheduled April 15 oral argument. LTD’s brief is due Friday, said its attorney, Bret Dublinske of Fredrikson & Byron.
Seeking to spur broadband installation in unserved areas, a Florida panel cleared a proposed pole replacement fund at a livestreamed Tuesday hearing. The Senate Transportation, Tourism and Economic Development Appropriations Subcommittee voted 11-0 for related bills SB-1800 and SB-1802 with amendments to remove language specifying how they will be funded. As amended, the bill would structure but not pay for a program whereby the state could remove existing poles and replace them with new ones to support broadband in areas lacking service, said sponsor Sen. Jim Boyd (R). The state could use federal funding, including from the infrastructure law once it arrives, he said. The bill is one piece of a bigger puzzle to spread broadband, said Sen. Loranne Ausley (D), co-chair of progressive NewDEAL Forum’s Broadband Task Force. However, Ausley said she's concerned the state broadband office is already understaffed. Boyd said the office should be able to find contractors or add employees once federal funding becomes available.
Minnesota Attorney General Keith Ellison (D) supported digital right-to-repair legislation Tuesday. The Minnesota House Judiciary Finance and Civil Law Committee heard testimony on HF-1156 at a livestreamed hearing. Manufacturers limiting how and by whom a consumer-owned product may be repaired “makes affording your life that much tougher,” said Ellison in prerecorded testimony: HF-1156 would make "repair markets competitive.” It wouldn’t harm manufacturers, protecting their ability to preserve trade secrets, the AG said. If after receiving a complaint, the AG office decided a company wasn’t complying with the law, it would give the company a chance to voluntarily resolve the issue before using litigation as a “last resort,” Ellison said. TechNet sees safety, security and privacy problems with the bill, said Executive Director-Midwest Tyler Diers: It could interfere with manufacturers’ existing contracts with authorized service providers. Multiple committee Republicans raised enforcement concerns in questions to sponsor Rep. Peter Fischer of the Democratic-Farmer-Labor Party. Fischer said his bill would give consumers more choice, reduce e-waste and promote local tech repair shops.
A proposed Connecticut privacy law is “probably one of the most important consumer protection bills that we'll be dealing with this year,” said Connecticut Senate President Martin Looney (D) at a livestreamed news conference Thursday. Sen. James Maroney (D) unveiled the Colorado-like SB-6, as expected, with a hearing March 1 (see 2202160042). It establishes consumers' rights and corporate responsibilities, Maroney said. People don’t realize how their data is being used, so SB-6 will let them know what’s being tracked and give them power to opt out, he said. Sen. Bob Duff (D) said he’s confident the legislature will pass and Gov. Ned Lamont (D) will sign SB-6. With congressional inaction and a “paralyzed” FCC, he said, “states can call the shots” in the tech space.
A federal judge mulled Thursday whether Maryland’s digital ad tax is in fact a penalty on big tech. At virtual oral argument, U.S. District Judge Lydia Kay Griggsby in Baltimore weighed jurisdictional issues on the challenge by U.S. Chamber of Commerce, NetChoice Internet Association and Computer & Communications Industry Association (CCIA) (case 21-cv-00410).
Ohio lawmakers skipped a planned vote on a privacy bill Wednesday, but comprehensive measures continued to advance in other legislatures. Oklahoma and Indiana committees teed up privacy bills for floor votes.